Sales and Use Tax Annotations

Annotation 395.0130

(b) ACTIVITIES REQUIRING PERMIT—PROPERTY HELD OR USED IN

395.0130Disposition of a Business' Assets Acquired by Bequest. A hospital which holds a seller's permit receives the business equipment of an unrelated type of business by bequest. The equipment is sold by the hospital on the same day the Decree of Distribution is issued by the Probate Court. The transfer of the equipment by the hospital is an exempt occasional sale. The equipment received under the bequest was not held by the hospital in the course of activities for which the holding of a seller's permit is required. Further, the hospital is not regularly engaged in the business of selling equipment. Accordingly, the sale of the equipment is a nontaxable occasional sale. 8/29/80.

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